[Senate Report 106-239]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-239

======================================================================



 
     IRRIGATION MITIGATION AND RESTORATION PARTNERSHIP ACT OF 1999

                                _______
                                

                 March 9, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1444]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1444) to authorize the Secretary of the 
Interior to plan, design, and construct fish screens, fish 
passage devices, and related features to mitigate adverse 
impacts associated with irrigation system water diversions by 
local governmental entities in the States of Oregon, 
Washington, Montana, Idaho, and California, having considered 
the same, reports favorably thereon with an amendment and an 
amendment to the title and recommends that the Act, as amended, 
do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Irrigation Mitigation and 
Restoration Partnership Act of 1999''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Pacific ocean drainage area.--The term ``Pacific Ocean 
        drainage area'' means the area comprised of portions of the 
        States of Oregon, Washington, Montana, and Idaho from which 
        water drains into the Pacific Ocean.
          (2) Program.--The term ``Program'' means the Irrigation 
        Mitigation and Restoration Partnership Program established by 
        section 3(a).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. ESTABLISHMENT OF THE PARTNERSHIP PROGRAM.

    (a) Establishment.--There is established the Irrigation Mitigation 
and Restoration Partnership Program within the Department of the 
Interior.
    (b) Goals.--The goals of the Program are--
          (1) to decrease fish mortality associated with the withdrawal 
        of water from irrigation and other purposes without impairing 
        the continued withdrawal of water for those purposes; and
          (2) to decrease the incidence of juvenile and adult fish 
        entering water supply systems.
    (c) Impacts on Fisheries.--
          (1) In general.--Under the Program, the Secretary, in 
        consultation with the heads of other appropriate agencies, 
        shall develop and implement projects to mitigate impacts to 
        fisheries resulting from the construction and operation of 
        water diversions by local governmental entities including water 
        and soil conservations districts, in the Pacific Ocean drainage 
        area.
          (2) Types of projects.--Projects eligible under the Program 
        may include the development, improvement, or installation of--
                  (A) fish screens;
                  (B) fish passage devices;
                  (C) other facilities agreed to by non-Federal 
                interests, relevant Federal and tribal agencies, and 
                affected States; and
                  (D) inventories by the States on the need and 
                priority for projects described in subparagraphs (A) 
                through (C).
          (3) Priority.--The Secretary shall give priority to any 
        project that has a total cost of less than $5,000,000.

SEC. 4. PARTICIPATION IN THE PROGRAM.

    (a) Non-Federal.--
          (1) In general.--Non-Federal participation in the Program 
        shall be voluntary.
          (2) Federal action.--The Secretary shall take no action that 
        would result in any non-Federal entity being held financially 
        responsible for any action under the Program, unless the entity 
        applies to participate in the Program.
    (b) Federal.--Development and implementation of projects under the 
Program on land or facilities owned by the United States shall be 
nonreimbursable Federal expenditures.

SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.

    Evaluation and prioritization of projects for development under the 
Program shall be conducted on the basis of--
          (1) benefits to fish species native to the project area, 
        particularly to species that are listed as being, or considered 
        by Federal or State authorities to be, endangered, threatened, 
        or sensitive;
          (2) the size and type of water diversion;
          (3) the availability of other funding sources;
          (4) cost effectiveness; and
          (5) additional opportunities for biological or water delivery 
        system benefits.

SEC. 6. ELIGIBILITY REQUIREMENTS.

    (a) In General.--A project carried out under the Program shall not 
be eligible for funding unless--
          (1) the project meets the requirements of the Secretary, as 
        applicable, and any applicable State requirements; and
          (2) the project is agreed to by all Federal and non-Federal 
        entities with authority and responsibility for the project.
    (b) Determinaton of Eligibility.--In determining the eligibility of 
a project under this Act, the Secretary shall--
          (1) consult with other Federal, State, tribal, and local 
        agencies; and
          (2) make maximum use of all available data.

SEC. 7. COST SHARING.

    (a) Non-Federal Share.--The non-Federal share of the cost of 
development and implementation of any project under the Program on land 
or at a facility that is not owned by the United States shall be 35 
percent.
    (b) Non-Federal Contributions.--The non-Federal participants in any 
project under the Program on land or at a facility that is not owned by 
the United States shall provide all land, easements, rights-of-way, 
dredged material disposal areas and relocations necessary for the 
project.
    (c) Credit for Contributions.--The value of land, easements, 
rights-of-way, dredged material disposal areas, and relocations 
provided under subsection (b) for a project shall be credited toward 
the non-Federal share of the costs of the project.
    (d) Additional Costs.--
          (1) Non-federal responsibilities.--The non-Federal 
        participants in any project carried out under the Program on 
        land or at a facility that is not owned by the United States 
        shall be responsible for all costs associated with operating, 
        maintaining, repairing, rehabilitating, and replacing the 
        project.
          (2) Federal responsibility.--The Federal Government shall be 
        responsible for costs referred to in paragraph (1) for projects 
        carried out on Federal land or at a Federal facility.

SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.

    A project that receives funds under this Act shall be ineligible to 
receive Federal funds from any other source for the same purpose.

SEC. 9. REPORT.

    On the expiration of the third fiscal year for which amounts are 
made available to carry out this Act, the Secretary shall submit to 
Congress a report describing--
          (1) the projects that have been completed under this Act;
          (2) the projects that will be completed with amounts made 
        available under this Act during the remaining fiscal years for 
        which amounts are authorized to be appropriated under section 
        10; and
          (3) recommended changes to the Program as a result of 
        projects that have been carried out under this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $25,000,000 for each of fiscal years 2001 through 2005.
    (b) Limitations.--
          (1) Single state.--
                  (A) In general.--Except as provided in subparagraph 
                (B), not more than 25 percent of the total amount of 
                funds made available under this section may be used for 
                1 or more projects in any single State.
                  (B) Waiver.--On notification to Congress, the 
                Secretary may waive the limitation under subparagraph 
                (A) if a State is unable to use the entire amount of 
                funding made available to the State under this Act.
          (2) Administrative expenses.--Not more than 6 percent of the 
        funds authorized under this section for any fiscal year may be 
        used for Federal administrative expenses of carrying out this 
        Act.

    2. Amend the title so as to read: ``A bill to authorize the 
Secretary of the Interior to establish a program to plan, 
design, and construct facilities to mitigate impacts associated 
with irrigation system water diversions by local governmental 
entities in the Pacific Ocean drainage of the States of Oregon, 
Washington, Montana, and Idaho.''.

                         Purpose of the Measure

    As ordered reported, H.R. 1444 would establish a program to 
authorize the Secretary of the Interior to plan, design, and 
construct facilities to mitigate impacts associated with 
irrigation system water diversions by local governmental 
entities in the Pacific Ocean drainage of the States of Oregon, 
Washington, Montana, and Idaho. This program is to be carried 
out in a partnership, with the Secretary of the Interior 
consulting with the head of other appropriate agencies, as well 
as a local government entities, including soil and water 
conservation districts in these four States.

                          Background and Need

    The Bureau of Reclamation and the U.S. Army Corps of 
Engineers currently operate 14 large-scale water projects in 
the Columbia River Basin. These facilities provide navigation 
assistance, flood control, irrigation, hydroelectric power and 
various recreational opportunities for the citizens in the 
Pacific Northwest.
    Salmon migrate through the rivers basins in those states 
and traverse the system as juvenile and adult fish. One of the 
factors that can affect or halt this migration is the diversion 
of water from the system for irrigation. Two of the goals of 
H.R. 1444 are to decrease fish mortality association with this 
withdrawal and decrease the incidence of fish entering the 
water supply systems. Fish screens and fish passage devices 
have been identified as one of the best means to aid in 
addressing these goals. Information has been provided to the 
Committee that current State and Federal law require 
installation of fish screens on many of these irrigation 
diversions.
    The Federal and State agencies responsible for managing 
these river systems in the Pacific Drainage area have worked to 
get fish screens and fish passage devices incorporated into the 
irrigation systems in these states. There is currently a gap in 
this effort in that Federal assistance is not available for 
local governmental entities outside the mainstream Columbia 
River system despite the need to conserve juvenile salmon 
populations. This legislation would help close that gap 
according to testimony before the Subcommittee on Water and 
Power Resources.

                          Legislative History

    H.R. 1444 passed the House of Representatives by a voice 
vote on November 9, 1999 and was referred to the Committee on 
Energy and Natural Resources on November 19, 1999. Companion 
legislation, S. 1723, was introduced by Senators Wyden and G. 
Smith on October 13, 1999. A hearing was held in the Water and 
Power Subcommittee on October 20, 1999. At the business meeting 
on February 10, 2000, the Committee on Energy and Natural 
Resources took up the House passed version, H.R. 1444, struck 
the text and inserted the text of S. 1723, as amended. The 
Committee then ordered H.R. 1444 favorably reported, as 
amended.

           COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

    The Committee on Energy and Natural Resources, in open 
business session on February 10, 2000, by an unanimous vote of 
a quorum present, recommends that the Senate pass H.R. 1444, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During the consideration of H.R. 1444, the Committee took 
up the House passed version and adopted a substitute amendment.
    As introduced, S. 1723 made the program the responsibility 
of the Bureau of Reclamation. The substitute amendment changes 
the title of the bill to reflect broader responsibilities 
between federal agencies so the mitigation and restoration 
partnership envisioned for irrigation facilities would be 
carried out by the Secretary of the Interior, and the U.S. Fish 
and Wildlife Service since the program focus is to mitigate 
impact to fisheries resulting from the construction and 
operation of water diversions by local governments, not 
necessarily those by the Bureau of Reclamation.
    The Committee intends for this work to be carried out in 
the Pacific Drainage of Oregon, Washington, Montana, and Idaho. 
The Committee notes that other Federal programs, such as the 
Columbia River Basin Fish and Wildlife Protection program 
provide funding for similar projects and does not intend that 
entities receiving funding under those other Federal programs 
be eligible to also receive funding under this program for the 
same projects.
    The goals of this new program are to address the fish 
mortality problems associated with these irrigation withdrawals 
and decrease the incidence of these fish entering the water 
supply systems. The Committee does not intend for any 
significant research to be carried out with the funding 
provided.
    The projects constructed and operated by local governmental 
entities, including soil and water conservation districts that 
are eligible under this program shall be eligible to have fish 
screens, fish passage devices or other facilities that are 
agreed to by the interests listed in the bill to be 
development, improved or installed on their projects. The four 
States are also expected to undertake an inventory under the 
program so some priority can be established.
    The Committee would also like to make it clear that under 
the eligibility requirements, the project where the work is to 
be undertaken will be done so only with the non-Federal 
entities with authority and responsibility for the project. The 
cost-sharing for such work will be 35 percent for the non-
Federal share and the Federal government shall pick up the full 
share for any projects carried out on Federal land or at a 
Federal facility.
    The Committee believes there is great value in the report 
that is to be prepared after three years, especially with 
respect to any changes that need to be made in the program. 
There is $25 million for the next five fiscal years that is 
authorized to carry out this work and the Committeeexpects the 
6 percent cap on administrative expenses to be adhered to during the 
course of the authorization. Given the importance of this program, the 
Committee would also like the Secretary to make use of the waiver 
provision in the limitation section if a particular State is not going 
to make use of the program.

                      section-by-section analysis

Section 1--Short title

Section 2--Definitions

Section 3--Establishment of the Partnership Program

    This section establishes the Program, outlines the goals of 
the program, requires the Secretary to consult with the heads 
of appropriate agencies in developing and implementing 
projects, lists the types of projects eligible and requires the 
Secretary to give priority to projects costing less than 
$5,000,000.

Section 4--Participation in the program

    This section provides that non-Federal participation shall 
be voluntary, that the Secretary cannot take any action that 
would result in financial liability for any non-participating, 
non-Federal entity and that costs for projects involving U.S. 
land or facilities shall be nonreimbursable.

Section 5--Evaluation and prioritization of projects

    This section requires that projects be evaluated and 
prioritized based on five criteria.

Section 6--Eligibility requirements

    This section requires that projects meet certain criteria 
to be eligible for funding.

Section 7--Cost sharing

    This section provides direction for Federal and non-Federal 
cost-sharing for development and implementation of projects.

Section 8--Limitation on eligibility for funding

    This section provides that projects receiving funds under 
this Act shall not be eligible to receive Federal funds from 
any other source for the same purpose.

Section 9--Report

    This section requires the Secretary to submit a report to 
Congress on the projects completed, or to be completed, and any 
recommended changes to the Program.

Section 10--Authorization of appropriations

    This section authorizes $25,000,000 for each of fiscal 
years 2001 through 2005 and describes limitations on amounts to 
single states, provides for a waiver and limits administrative 
expenses.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 22, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1444, the 
Irrigation Mitigation and Restoration Partnership Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director.)
    Enclosure.

H.R. 1444--Irrigation Mitigation and Restoration Partnership Act of 
        1999

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that implementing H.R. 1444 would cost $8 million 
in fiscal year 2001 and a total of $95 million through fiscal 
year 2005. An additional $30 million would be spent in years 
after 2005. H.R. 1444 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The legislation contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
State and local governments might incur some costs as a result 
of the bill's enactment, but those costs would be voluntary.
    H.R. 1444 would establish the irrigation mitigation and 
restoration partnership program within the Department of the 
Interior. The new program would support projects to mitigate 
adverse impacts on fisheries in Oregon, Washington, Montana, 
and Idaho that are caused by the construction and operation of 
irrigation facilities controlled by local governments. The 
program would finance the construction and operation of fish 
ladders, fish screens, and other facilities that decrease fish 
mortality from the operation of irrigation and other water 
diversion systems. For this purpose, H.R. 1444 would authorize 
the appropriation of $25 million annually over the 2001-2005 
period. Such amounts would finance 100 percent of the costs of 
developing and implementing projects on federal land and 35 
percent of such costs on nonfederal land. Nonfederal 
participants in each project would be responsible for all costs 
of operating and maintaining the constructed facilities.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1444 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environmental). CBO assumes that the 
entire amounts authorized will be appropriated for each fiscal 
year. Outlays are based on spending patterns for similar 
programs of the U.S. Fish and Wildlife Service.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                          ------------------------------------------------------
                                                              2001       2002       2003       2004       2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization Level......................................         25         25         25         25         25
Estimated Outlays........................................          8         16         21         25         25
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go consideration: None.
    Intergovernmental and Private-sector impact: H.R. 1444 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would require nonfederal participants 
in the funded projects to pay 35 percent of development and 
implementation costs and all operating and maintenance costs. 
Participation by state and local governments would be 
voluntary.
    Previous CBO estimate: On September 8, 1999, CBO submitted 
a cost estimate for H.R. 1444 as ordered reported by the House 
Committee on Resources on August 4, 1999. The costs of the two 
versions of the bill are identical.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1444. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1444, as ordered reported.

                        executive communications

    On October 22, 1999 the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1723. These 
reports had not been received at the time this report was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The Administration did not provide 
testimony at the October 20, 1999 hearing.

                        changes in existing law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill H.R. 1444, as 
ordered reported.

                                
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